1501:10-2-16
Maintenance.

(A)
Diesel-powered equipment shall be maintained in an
approved and safe condition as described in this chapter or shall be removed
from service.

(B)
Diesel-powered equipment maintenance plan. An operator
choosing to use diesel-powered equipment in an underground coal mine shall
develop a maintenance plan and submit the plan to the chief for approval. The
chief may request the diesel technical advisory committee to evaluate the
maintenance plan and make a recommendation to the chief for approval or
disapproval of the plan in accordance with rule
1501:10-2-27 of the
Administrative Code. If the maintenance plan is approved by the chief, the mine
operator shall implement the plan, maintain all records required by rule
1501:10-2-17 of the
Administrative Code, and make them available for inspection by the chief or his
or her representative.

(C)
To obtain and maintain approval of a complete
diesel-powered equipment package, the mine operator shall comply with the
following requirements:

(1)
All service, maintenance and repairs of approved
complete diesel-powered equipment packages shall be performed by mechanics that
are trained and qualified in accordance with rule
1501:10-2-24 of the
Administrative Code, except for the repairs, adjustment and testing that shall
be performed by a mechanic authorized by the engine manufacturer in accordance
with paragraph (E)(1) of rule
1501:10-2-07 of the
Administrative Code;

(2)
Service and maintenance of approved complete
diesel-powered equipment packages shall be performed according to:

(D)
Failure to comply with a maintenance plan. Failure of
the mine operator to comply with the maintenance requirements of this chapter
may result in the revocation of the chief's approval of the complete
diesel-powered equipment package. Upon receiving notice from the chief of
failure to comply with the maintenance plan, the mine operator shall have
thirty days to submit a plan to achieve and maintain compliance with the
maintenance requirements of this chapter. If at any time the chief determines
that the mine operator is unable or unwilling to comply with the maintenance
plan, the chief shall revoke approval of the mine's complete diesel-powered
equipment package and shall prohibit the underground use of all diesel-powered
equipment at that mine.